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Human rights application dismissed for delay and because termination was previously adjudicated at arbitration.
The applicant filed a human rights application alleging discrimination in employment on the basis of sex and sexual orientation, citing washroom graffiti and his subsequent termination.
The Tribunal held a preliminary hearing to determine if the application should be dismissed for delay and under section 45.1 of the Human Rights Code.
The Tribunal found that the termination allegation had been appropriately dealt with in a prior grievance arbitration that upheld the dismissal.
The Tribunal further found that the harassment allegations were distinct from the termination, fell outside the one-year time limit, and lacked a good faith explanation for the delay.
The application was dismissed.
